Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-09
lnterstate and Inauisition.

The New York Star of August 31st I'M
der the heading of Sound Law" thus
pointedly refers to the Interstate Commerce
Act, and the decision of Justice Field upon
the recent attempted inquisition by the
Pacific Railroad Commissioners in San
Francisco:
The decision of the United States Circuit
Court in California upon the petition of the
Pacific Railway Commission is another
heavy blow against newspaper government
1t is not easy to understand how the Act of
Congress could have passed, for it is clear
that while reviewing it Justice Field found
1t difficult to preserve that respect for the
iaw-making power which the judiciary
never fail to show. We suppose the law
was passed to please the newspapers. We
remember that our contemporary the
World hailed its enactment as a personal
triumph. 1t will probably receive Justice
Fields decision as personal defeat
And, indeed, there will be a deal of
sense in such view. The Legislature and
Congress have lately done MANY foolish
things to please the newspapers. For how
can We otherwise account for such law
as the one FORGETTING the Broadway fran
chise or for the passage through a Demo-
cratic House of the interstate commerce
bill? But the subserviency of Congress to
the press has not vet extended to the
Courts. There are still some Judges who
are mindful of those rights and liberties of
which Americans and Englishmen used TO
boast
In this country tolerable state of civil.
lzation has been reached and public order
has been maintained without resort to the
methods by which the Hapsburgers have
upheld their dominion. In the case of
Boyd against the United States. Justice
Bradley said: Amy compulsory discoy-
cry by extorting the party's oath or com
pelling the production of his private books
and papers to convict him of crime. or 10
forfeit his property, is contrary to the prin-
ciples of free government. It is abhoJrept
to the institutions of an Englishman; it is
abhorrent to the instincts of an American.
1t may suit the purpose of despotic power,
but it cannot abide the pure atmosphere of
political liberty and personal freedom"
This noble sentiment is enforced bv JUS
tice Field, who SAYS; at is forcible intru-
sion ana compulsory exposure OF ones
private affairs and papers without judicial
process, or in the course of judicial pro
ceedings, which is contrary to the princi-
pies of the government and abhorrent to
the instincts Of Englishmen and Ameri-
cans.h
This is good law, but it is hard on the
newspapers. If intrusion into" and Eek
posure of ones private affairs are not to
be permitted. what will newspapers like
the World do for a living? We shudder
when we contemplate the misery to which
they will be reduced
Justice Fields decision will go far to i'm
pair the yigor of the Pacific Railroad Com
mission. If that tribunal cannot INQUIRE
into scandals twenty years old, one reason
for its existence will vanish and all the
blackmailers in Congress and out of it who
procured the passage of the law will be
grievously disappointed. There will be
waiing upon Wall street, and more than
one Senator will have TO look for some
other means Of making good his losses.
The Courts are doing the country great
service, and seem likely to interfere some
what with the success of the Journalistic
inquisition.